State ex rel. Atkinson v. McDonald
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: A. J. Yistje, Circuit Judge. Action to try the title to the office of lumber inspector'for the Thirteenth district of the state of Wisconsin.
Read the full summary
Appeal from a judgment of the circuit court for Douglas county: A. J. Yistje, Circuit Judge. Action to try the title to the office of lumber inspector'for the Thirteenth district of the state of Wisconsin. The complaint is to the following effect: The relator was appointed lumber inspector for said district in April, 1897. He immediately qualified for the position according to law, entered upon the performance of its duties, and thereafter continued in such performance till interrupted by the circumstances hereafter stated. In September, 1899, defendant was appointed relator’s successor, and,…
1Opinion of the CourtMaeshall, J.
It is evident that the verdict was directed in plaintiff’s favor either on the theory that the record of defendant’s application for citizenship was conclusive against him as to his place of residence during the time covered by such record, or that the verdict of the jury, in any event, would be only advisory to the court. Both theories are contended for in support of the judgment.
This is a civil action under sec. 3463, Stats. 1898, and governed thereby and by the established principles respecting such actions. We need not discuss the question of whether, in quo warrcmto proceedings at common…
2Cases cited15 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Harmon v. Auditor of Public AccountsIllinois Supreme Court · 1887
- Spratt v. SprattSupreme Court of the United States · 1830
- People v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1874
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- People ex rel. Gibbons v. ClarkIllinois Supreme Court · 1920
- Fordyce v. State ex rel. KelleherWisconsin Supreme Court · 1902
- W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. National Maritime Union of AmericaCourt of Appeals for the Second Circuit · 1968
- Evens v. KellerNew Mexico Supreme Court · 1931
15 more not listed; retrieve them via the Exa API.